KEITH H. LLOYD
v.
THE STATE OF FLORIDA
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Keith H. Lloyd challenges a postconviction court's summary denial of his motion for credit for time served. The Florida District Court of Appeal, Third District, reversed as to jail time credit and affirmed as to prison time credit, requiring the trial court to allow Lloyd to file an amended motion complying with procedural rules.
The court reversed the denial as to jail time credit, holding the trial court must enter a nonfinal order allowing Lloyd sixty days to file an amended motion complying with Rule 3.801. The court affirmed the denial as to prison time credit, which must be pursued under Rule 3.800(a), without prejudice to Lloyd filing a compliant motion under that rule.
[1] A motion seeking credit for jail time served prior to sentencing must comply with Florida Rule of Criminal Procedure 3.801, including being under oath and containing spec…
[2] A trial court must allow a defendant sixty days to file an amended motion when the initial motion is legally insufficient but timely filed.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 3.801(e), though, incorporates the procedural requirements of Florida Rule of Criminal Procedure 3.850(f). The relevant portion of rule 3.850(f) requires a trial court to dispose of a timely but legally insufficient motion with a nonfinal, nonappealable order that allows a defendant sixty days to file an amended motion.”
Establishes the mandatory procedural requirement that trial courts must allow defendants to amend facially insufficient Rule 3.801 motions rather than summarily denying them.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLloyd sought credit for time incarcerated in a Broward County jail awaiting trial in other cases, time in Florida state prison after conviction in tho…
The full statement of facts, procedural history, and disposition for this case are member content.
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SCALES, J.
Keith H. Lloyd, acting pro se, challenges the postconviction court’s May 21, 2024 order that summarily denied Lloyd’s May 8, 2024 “Motion to Allow Credit for Time Served.” Lloyd’s motion sought credit for (i) the time that Lloyd was incarcerated in a Broward County jail awaiting trial in other criminal cases, (ii) the time that Lloyd was incarcerated in Florida state prison after he was convicted in the Broward County criminal cases, and (iii) the time that the Lloyd was incarcerated in the Miami-Dade County jail prior to sentencing in the instant case. To the extent that Lloyd’s motion sought to correct his sentence to account for jail time, the motion was facially insufficient for failure to comply with Florida Rule of Criminal Procedure 3.801, the rule governing such motions. Lloyd’s motion was not under oath and failed to contain the contents required by the rule. See Fla. R. Crim. P. 3.801(c).
Rule 3.801(e), though, incorporates the procedural requirements of Florida Rule of Criminal Procedure 3.850(f). The relevant portion of rule 3.850(f) requires a trial court to dispose of a timely but legally insufficient motion with a nonfinal, nonappealable order that allows a defendant sixty days to file an amended motion. See Fla. R. Crim. P. 3.850(f)(2). We, therefore, reverse the trial court’s order as to jail time with directions that the trial court enter an order
comporting with rule 3.850(f)(2).
See Lopez v. State, 273 So. 3d 1131, 1131 (Fla. 3d DCA 2019).
To the extent that Lloyd’s motion sought to correct his sentence to account for prison time, the State is correct that prison time is governed by Florida Rule of Criminal Procedure 3.800(a).
See Curtis v. State, 197 So. 3d 135, 136 (Fla. 2d DCA 2016) (“Rule 3.801 provides for the correction of a sentence that fails to award a defendant credit for time the defendant spent in jail prior to sentencing; it does not provide for the correction of prison credit. Instead, a claim for credit for prison time is properly raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a).”).
Lloyd’s motion was facially insufficient under rule 3.800(a) for failure to affirmatively allege that the court records demonstrate on their face an entitlement to relief. We, therefore, affirm the postconviction court’s order as to prison time without prejudice to Lopez filing a timely and facially sufficient rule 3.800(a) motion. See Clark v. State, 932 So. 2d 364, 364 (Fla. 2d DCA 2006).
Affirmed in part, reversed in part, and remanded with instructions.
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Citator
Authorities Cited
- Clark v. State, 932 So. 2d 364 (Fla. 2d DCA 2006)
- Lopez v. State, 273 So. 3d 1131 (Fla. 3d DCA 2019)